Vous êtes sur la page 1sur 5

I.

Applicability
The Revised Guidelines for Continuous Trial of Criminal Cases (Revised Guidelines) shall apply to all newly-
filed criminal cases, including those governed by Special Laws and Rules,1 in the First and Second Level
Courts, the Sandiganbayan and the Court of Tax Appeals as of effectivity date. The Revised Guidelines shall
also apply to pending criminal cases with respect to the remainder of the proceedings.

The Revised Guidelines shall also apply to pending criminal cases with respect to the remainder of the
proceedings.

III. Procedure
1. Hearing Days and Calendar Call
Trial shall be held from Monday to Thursday, and courts shall call the cases at exactly 8:30 A.M. and 2:00
P.M., pursuant to Administrative Circular No. 3-99. Hearing on motions, arraignment and pretrial, and
promulgation of decisions shall be held in the morning of Fridays, pursuant to Sec. 7, Rule 15 of the Rules of
Court.

All courts shall ensure the posting of their court calendars outside their courtrooms at least one (1) day before
the scheduled hearings, pursuant to OCA Circular No. 250-2015.

2. Motions

(a) Motion for Inhibition. - Motions for inhibition based on grounds provided for under Rule 137 shall be
resolved immediately or within two (2) calendar days from date of their filing.

(b) Prohibited Motions. - Prohibited motions shall be denied outright before the scheduled arraignment without
need of comment and/ or opposition.

The following motions are prohibited:


i. Motion for judicial determination of probable cause.
ii. Motion for preliminary investigation filed beyond the five (5)-day reglementary period in inquest
proceedings under Sec. 6, Rule 112, or when preliminary investigation is required under Sec. 8,
Rule 112, or allowed in inquest proceedings and the accused failed to participate in the
preliminary investigation despite due notice.
iii. Motion for reinvestigation of the prosecutor recommending the filing of information once the
information has been filed before the court
1. if the motion is filed without prior leave of court;
2. when preliminary investigation is not required under Sec. 8, Rule 112; and
3. when the regular preliminary investigation is required and has been actually conducted, and
the grounds relied upon in the motion are not meritorious, such as issues of credibility,
admissibility of evidence, innocence of the accused, or . lack of due process when the
accused was actually notified, among others.
iv. Motion to quash information when the ground is not one of those stated in Sec. 3, Rule 117.
v. Motion for bill of particulars that does not conform to Sec. 9, Rule 116.
vi. Motion to suspend the arraignment based on grounds not stated under Sec. 11, Rule 116.
vii. Petition to suspend the criminal action on the ground of prejudicial question, when no civil case has
been filed, pursuant to Sec. 7, Rule 111.

(c) Meritorious Motions. - Motions that allege plausible grounds supported by relevant documents and/ or
competent evidence, except those that are already covered by the Revised Guidelines, are meritorious motions,
such as:
i. Motion to withdraw information, or to downgrade the charge in the original information, or to
exclude an accused originally charged therein, filed by the prosecution as a result of a
reinvestigation, reconsideration, and review;
ii. Motion to quash warrant of arrest;
iii. Motion to suspend arraignment on the ground of an unsound inental condition under Sec. ll(a), Rule
116;
iv. Motion to suspend proceedings on the ground of a prejudicial question where a civil case was filed
prior to the criminal case under Sec. ll(b), Rule 116;
v. Motion to quash information on the grounds that the facts charged do not constitute an offense, lack
of jurisdiction, extinction of criminal action or liability, or double jeopardy under Sec. 3, par. (a),
(b), (g), and (i), Rule 117;
vi. Motion to discharge accused as a state witness under Sec. 17, Rule 119;
vii. Motion to quash search warrant under Sec. 14, Rule 126 or motion to suppress evidence; and
viii. Motion to discuss on the ground that the criminal case is a Strategic Lawsuit Against Public
Participation (SLAPP) under Rule 6 of the Rules of Procedure for Environmental Cases.

The comment of the adverse party shall be filed within a non-extendible period of ten (10) calendar days
from notice/receipt of the order of the court to file the same, and the court shall resolve the motion within a non-
extendible period of ten (10) calendar days from the expiration of the ten (10)-day period, with or without
comment. The court, at its discretion, may set the motion for hearing within a non-extendible period of ten (10)
calendar days from the expiration of the ten (10)-day period to file comment, in which case the same shall be
submitted for resolution after the termination of the hearing, and shall be resolved within a non-extendible
period of ten (10) calendar days thereafter. Reply and memorandum need not be submitted.
In case of a motion to discharge accused as state witness under Sec. 17, Rule 119, where the prosecution
is required to present evidence in support thereof, such motion shall be submitted for resolution from the
termination of the hearing and shall be resolved within a non-extendible period of ten (10) calendar days
thereafter.
The motion for reconsideration of the resolution of a meritorious motion shall be filed within a non-
extendible period of five (5) calendar days from receipt of such resolution, and the adverse party shall be given
an equal period of five (5) calendar days from receipt of the motion for reconsideration within which to submit
its comment. Thereafter, the motion for reconsideration shall be resolved by the court within a non-extendible
period of five (5) calendar days fro1n the expiration of the five (5)-day period to submit the comment.
Motions that do not conform to the requirements stated above shall be considered unmeritorious and
shall be denied outright.

(d) Motion for postponement. - A motion for postponement is prohibited, except if it is based on acts of God,
force majeure or physical inability of the witness to appear and testify. If the motion is granted based on such
exceptions, the moving party shall be warned that the presentation of its evidence must still be finished on the
dates previously agreed upon.
A motion for postponement, whether written or oral, shall at all times be accompanied by the original
official receipt from the Office of the Clerk of Court evidencing payment of the postponement fee under Sec. 21
(b), Rule 141, to be sub1nitted either at the time of the filing of said 1notion or not later than the next hearing
date. The Clerk of Court shall not accept the motion unless accompanied by the original receipt.

5. Consolidations
(a) Newly-filed Cases. - When newly-filed criminal cases involving offenses based on the same facts or forming
part of a series of offenses of similar character, are accompanied by a motion for consolidation filed by the
Office of the Prosecutor, the Executive Judge shall cause the raffle to only one court which shall then resolve
said motion for consolidation, preferably on the date of the arraignment and in the presence of the accused and
counsel.
(b) Pending Cases with Multiple Accused. - In cases involving multiple accused where a subsequent
information is filed involving an accused who has been subjected to further investigation by the Office of the
Prosecutor over an incident which has the same subject matter as a prior information/ s against different
accused, said subsequent case when filed accompanied by a motion for consolidation from the Office of the
Prosecutor shall no longer be raffled. The subsequent case shall be assigned directly by the Executive Judge to
the court where the earlier case is pending. If the earlier case is already at the trial stage and witnesses have
been presented, the parties may be allowed to adopt the evidence so far presented, without prejudice to
additional direct examination questions and cross-examination questions.

6. Archiving of Cases
The archiving of cases shall be done within the period prescribed under the Guidelines in the Archiving of
Cases under SC Administrative Circular No. 7-A-92, as restated in OCA Circular No. 89-2004. A criminal case
shall be archived only if, after the issuance of the warrant of arrest, the accused remains at large for six (6)
months from the delivery of the warrant to the proper peace officer. Such case shall likewise be archived when
proceedings therein are ordered suspended for an indefinite period because:

(a) the accused appears to be suffering fro1n an unsound inental condition which effectively renders him unable
to fully understand the charge against hin1 and to plead intelligently, or to undergo h·ial, and he has to be
committed to a mental hospital;

(b) a valid prejudicial question in a civil action is invoked during the pendency of the criininal case, unless the
civil and cri1ninal cases are consolidated;

(c) an interlocutory order or incident in the criminal case IS elevated to, and IS pending resolution/ decision for
an indefinite period before a higher court which has issued a temporary restraining order or writ of preliminary
injunction; and

(d) when the accused has ju1nped bail before arraign1nent and ca1u1ot be arrested by the bondsman.

7. Revival of Provisionally Dismissed Cases


Revival of provisionally dismissed cases shall conform to the requisites and the periods provided for under
Sec. 8, Rule 117. Provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a
fine of any amount or both shall become permanent one (1) year after issuance of the order without the case
having been revived. Provisional dismissal of offenses punishable by imprisonment of more than six (6) years,
shall become permanent two (2) years after the issuance of the order without the case having been revived.

8. Arraignment and Pre-trial


(a) Schedule of Arraignment and Pre-trial. - Once the court has acquired jurisdiction over the person of the
accused, the arraignment of the accused and the pretrial shall be set within ten (10) calendar days from date of
the court's receipt of the case for a detained accused, and within thirty (30) calendar days from the date the court
acquires jurisdiction (either by arrest or voluntary surrender) over a non-detained accused, unless a shorter
period is provided by special law or Supreme Court circular.
The court must set the arraignment of the accused in the commitment order, in the case of detained
accused, or in the order of approval of bail, in any other case. For this purpose, where the Executive Judge and
Pairing Judges act on bail applications in cases assigned to other courts, they shall coordinate with the courts to
which the cases are actually assigned for scheduling purposes.

(b) Notice of Arraignment and Pre-Trial. - Notice of arraignment and pre-trial shall be sent to the accused,
his/her counsel, private complainant or complaining law enforcement agent, public prosecutor, and witnesses
whose names appear in the infonnation for purposes of plea-bargaining, arraignment and pre-trial.
(c) Waiver of Reading of the Information. - In multiple cases, the court, upon personal examination of the
accused, may allow a waiver of the reading of the information upon the full understanding and express consent
of the accused and his/her counsel, which consent shall be expressly stated in both the minutes/ certificate of
arraign1nent and the order of arraignment. The court shall explain the waiver to the accused in the language or
dialect known to him/her, and ensure the accused's full understanding of the consequences of the waiver before
approving the same.

(d) Arraignment Proper


i. Plea Bargaining Except in Drug Cases. - If the accused desires to enter a plea of guilty to a lesser
offense, plea bargaining shall immediately proceed, provided the private offended party in private
crimes, or the arresting officer in victimless crimes, is present to give his/her consent with the
conformity of the public prosecutor to the plea bargaining. Thereafter, judgment shall be immediately
rendered in the same proceedings.
ii. Plea of Guilty to the Crime Charged in the Information. - If the accused pleads guilty to the crime
charged in the information, judgment shall be immediately rendered, except in those cases involving
capital punishment.
iii. Where No Plea Bargaining or Plea of Guilty Takes Place. - If the accused does not enter a plea of guilty,
whether to a lesser offense or to the offense charged in the information, the court shall immediately
proceed with the arraignment and the pretrial, in accordance with the succeeding provisions on pre-trial.
The schedule of the trial dates, for both the prosecution and the accused, shall be continuous and
within the periods provided in the Regular Rules/ Special Rules. The trial dates may be shortened
depending on the number of witnesses to be presented. In this regard, a flowchart shall be prepared by
the court which shall serve as the final schedule of hearings.

(e) Arraignment and Preliminary Conference of Mediatable Cases subject to the Rule on Summary Procedure
The arraigr1ment and preliminary conference shall be simultaneously held, and the court shall take up
all the 1natters required under Sec. 14, Rule on Summary Procedure during the preliminary conference.
i. If the accused pleads guilty to the crime charged in the information, subheading III, item no. 8,
subparagraph (d) ii (Plea of Guilty to the Crime Charged 1n the Information) shall be followed.
ii. If the accused pleads guilty to a lesser offense, subheading III, item no. 8, subparagraph ( d) 1 (Plea
Bargaining except in Drug Cases) shall be followed.
iii. If the accused does not enter a plea of guilty, whether to a lesser offense or to the offense charged in
the information, the court shall immediately proceed with the arraignment and the preliminary
conference, and thereafter refer the case to mediation.

(f) Conduct of Pre-trial


i. Absence of parties. - The court shall proceed with the pre-trial despite the absence of the accused
and/ or private complainant, provided they were duly notified of the same, and the counsel for the
accused, as well as the public prosecutor, are present.
ii. Stipulations. - Proposals for stipulations shall be done with the active participation of the court itself
and shall not be left alone to the counsels.
iii. Marking of evidence. - The docu1nentary evidence of the prosecution and the accused shall be
marked.
iv. Pre-trial Order. - The Pre-trial Order shall i1nmediately be served upon the parties and counsel on
the sa1ne day after the termination of the pre-trial.
v. Compliance with Rules. - Courts must strictly comply with the Guidelines to be Observed in the
Conduct of Pre-Trial under A.M. No. 03-1-09-SC.

9. Mediation

(a) The fallowing cases shall be ref erred to mediation on the civil liability unless a settlement is reached earlier
in the pre-trial/ preliminary conference:
i. Crimes where payment may prevent criminal prosecution or inay extinguish criminal liability, such as
violations of:
a. B.P. Blg. 22;
b. SSS Law (R.A. No. 1161, as a1nended by R.A No. 8282); and
c. PAG-IBIG Law (R.A. No. 9679).

ii. Crimes against property under Title 10 of the Revised Penal Code (RPC), where the obligation may be
civil in nature, such as:
a. Theft under Art. 308, RPC, cognizable by the first level courts;
b. Estafa under Art. 315(1 ), RPC, except estafa under Art. 315 (2) and (3);
c. Other forms of swindling under Art. 316, RPC;
d. Swindling of a minor under Art. 317, RPC;
e. Other deceits under Art. 318, RPC; and
f. Malicious mischief under Art. 327, RPC

iii. Crimes against honor under Title 13, RPC, where the liability may be civil in nature, such as:
a. Libel by means of writings or similar means under Art. 355, RPC;
b. Threatening to publish and offer to present such publication for a compensation under Art. 356, RPC;
c. Prohibited publication of acts ref erred to in the course of official proceedings under Art. 357, RPC;
d. Grave Slander (Grave Oral Defamation) of serious and insulting nature under Art. 358, par. 1, RPC;
e. Simple Slander (Oral Defamation) - not of a serious and insulting nature under Art. 358, par. 2, RPC;
f. Grave Slander by Deed - of a serious nature under Art. 359, par. 1, RPC;
g. Simple Slander by Deed - not of a serious nature under Art. 359, par. 2, RPC;
h. Incriminating innocent person under Art. 363, RPC;
i. Infriguing against honor under Art. 364, RPC;

iv. Libel under R.A. 10175 (Cybercrime Prevention Act of 2012) where the liability may be civil in nature;
v. Criminal negligence under Title 14, RPC, where the liability inay be civil in nature; and
vi. Intellectual property rights cases where the liability may be civil in nature.

(b) The referral of the case for mediation to the Philippine Mediation Center (PMC) Unit shall be made only
after the conduct of the arraignment and the pre-frial/ preliminary conference. The court shall serve the Order of
Referral to the PMC Unit immediately after the arraignment and the pre-h·ial/ preliminary conference.
The mediation shall be terminated within a non-extendible period of thirty (30) calendar days from the
date of referral by the court to the PMC Unit. After the lapse of the mediation period or if mediation fails, trial
shall proceed.
Except those cases mentioned above, criminal cases subject to the Rule on Surmnary Procedure shall not
be referred to mediation.